Expungement vs. Record Sealing in Vermont: Which One Do You Qualify For?

Filing the wrong post-conviction form in Burlington, Rutland, or Barre is one of the most common reasons self-represented petitioners have their requests rejected by a Vermont Superior Court judge. Because the Vermont General Assembly overhauled Chapter 230 through Act 60 (effective July 1, 2025), many residents who read outdated legal guides mistakenly petition for expungement when their conviction now exclusively qualifies for record sealing.

While both remedies restore your legal ability to tell private landlords and employers that you have no criminal record, Vermont law draws a sharp legal and operational boundary between expungement under 13 V.S.A. § 7606 and sealing under 13 V.S.A. § 7607. Knowing how physical destruction differs from confidential indexing-and who can still see a sealed file-is essential before you file.

Expungement vs. Sealing Under Vermont Law: Physical Destruction vs. Confidential Hiding

Under 13 V.S.A. § 7606, an expungement order legally annuls the arrest, conviction, and sentence, treating the petitioner in all respects as if they had never been arrested, convicted, or sentenced. When all charges on a docket are expunged, the judiciary removes the case from all accessible databases and physically destroys any paper court files. Outside of a confidential research and victim-assistance special index maintained by the Court Administrator under 13 V.S.A. § 7606, no court or police agency may use an expunged record for future criminal justice purposes.

By contrast, under 13 V.S.A. § 7607, a sealing order removes the offense from all publicly accessible databases, bars public viewing, and places any physical court file into a confidential, restricted folder labeled 'SEALED.' For the general public, landlords, and most employers, the legal effect is identical to expungement: the person is treated in all respects as if never arrested, convicted, or sentenced, and the court responds to public inquiries by stating that no criminal record exists. However, the underlying record is not destroyed and remains preserved for specific statutory law enforcement and judicial exceptions.

Who Can Access Sealed Records?

When a Vermont Superior Court judge signs a sealing order under 13 V.S.A. § 7607, the record vanishes from courthouse Public Access Terminals, the public portal of the Vermont Crime Information Center, Waterbury, and commercial background screening reports used by private employers and property managers. In response to any general inquiry, court clerks and state agencies are required by law to state that no record exists.

However, 13 V.S.A. § 7607 establishes narrow statutory carve-outs allowing specific people and entities to access a sealed file without violating the sealing order:

• The Petitioner and Authorized Legal Counsel: You and your designated attorney always retain the right to inspect and request certified copies of your own sealed court file (for example, if needed for federal immigration or naturalization proceedings) by filing Form 200-00631, Vermont, Judiciary, Request for Sealing Order in Special Index.
• Criminal Justice Agencies: Law enforcement officers, State's Attorneys, and courts may view and utilize sealed records for legitimate criminal justice purposes.
• Civil Litigation Involving the Same Incident: A party in a civil lawsuit that arises directly out of the same factual incident as the sealed criminal case may petition the court for limited access to relevant portions of the record.
• State Court Administrator Special Index: The judiciary maintains a confidential special index of sealed and expunged cases accessible only by court order or for anonymized legislative research and crime victim restitution tracking by the Vermont Center for Crime Victim Services, Waterbury.

Exceptions for Law Enforcement

The core reason the Vermont Legislature shifted most criminal convictions from expungement to sealing under Act 60 was to preserve crucial investigative and repeat-offender records for police and prosecutors while still granting rehabilitated citizens a clean public slate. Under 13 V.S.A. § 7607, law enforcement agencies and prosecutors are legally permitted to access and use a sealed record in the following scenarios:

• Subsequent Criminal Investigations and Bail Determinations: Police departments and State's Attorneys-such as the Chittenden County State's Attorney's Office, Burlington or the Rutland County State's Attorney's Office, Rutland-may review sealed history when investigating a new crime or arguing bail and conditions of release in a future prosecution.
• Prior Offense Enhancements (Predicate Offenses): If a statute imposes an enhanced penalty for a second or subsequent offense-most notably when a person with a sealed first-offense DUI under 23 V.S.A. § 1201 is later arrested for another DUI-prosecutors and judges can unseal and use the prior sealed conviction to charge the new offense as a repeat violation.
• Sentencing in a Future Criminal Case: If a person is convicted of a new crime years later, the sentencing judge in the Criminal Division may consider prior sealed convictions when fashioning an appropriate sentence.
• Law Enforcement Employment and Firearm Background Checks: Criminal justice agencies conducting background investigations for applicants seeking employment as a certified law enforcement officer or correctional officer may review sealed records.

How to Choose the Right Petition

Selecting between Form 200-00129, Vermont, Judiciary, Petition to Expunge Criminal History and Form 200-00130, Vermont, Judiciary, Petition to Seal Criminal History depends entirely on the disposition of your case and the offense statute:

• Choose Expungement (Form 200-00129) If: Your charge was dismissed by the prosecutor, you were found not guilty at trial, or the government never filed an information after an arrest (13 V.S.A. § 7603). You also choose expungement under 13 V.S.A. § 7602 if you were convicted of conduct that is no longer a crime in Vermont (such as misdemeanor possession of small amounts of cannabis) and have satisfied the strict two-part decriminalization test established in State v. Turner, 254 A.3d 204 (VT Supreme Court 2021).
• Choose Record Sealing (Form 200-00130) If: You were convicted of a qualifying crime defined under 13 V.S.A. § 7601 and 13 V.S.A. § 7602. This includes most misdemeanor convictions (after 3 years), listed non-violent felony convictions such as certain property, theft, drug possession, and fraud offenses (after 7 years), qualifying crimes committed between ages 18 and 21 (after 30 days under 33 V.S.A. § 5119), and first-offense non-injury misdemeanor DUIs (after 10 years).
• When Neither Petition Applies (Governor's Pardon): Serious violent felonies, sex offenses, domestic assault, and felony DUI convictions are excluded from statutory sealing and expungement under 13 V.S.A. § 7601. For excluded convictions, your sole avenue is applying for an executive pardon through the Office of the Governor of Vermont, Montpelier; if granted an unconditional pardon, you then become eligible to seal the record under 13 V.S.A. § 7602.

Step-by-Step Process to File Your Sealing or Expungement Petition in Vermont

Step 1: Gathering Documents and Auditing Your Docket Dispositions

Order your complete criminal history report from the Vermont Crime Information Center, Waterbury or submit Form 200-00331, Vermont, Judiciary, Criminal Record Check Request to the Superior Court clerk. Separate your dismissed counts from your convicted counts so you know which charges qualify for expungement versus sealing.

Step 2: Matching Each Charge Against 13 V.S.A. § 7601 Qualifying Lists

Verify that each conviction is not on the statutory exclusion list in 13 V.S.A. § 7601 and confirm that all probation terms, surcharges, and restitution tracked by the Vermont Center for Crime Victim Services, Waterbury are fully satisfied.

Step 3: Preparing Form 200-00129 (Expungement) or Form 200-00130 (Sealing)

Complete Form 200-00129, Vermont, Judiciary, Petition to Expunge Criminal History for eligible dismissals/decriminalized convictions, or Form 200-00130, Vermont, Judiciary, Petition to Seal Criminal History for qualifying misdemeanor/felony convictions. If the prosecutor agrees in advance, prepare Form 200-00132, Vermont, Judiciary, Stipulation to Seal Criminal History Record or Form 200-00132A, Vermont, Judiciary, Stipulation to Expunge Criminal History Record.

Step 4: Filing in the County Criminal Division and Navigating Prosecutor Review

File your petition in the Criminal Division where the case was heard-such as the Vermont Superior Court, Chittenden Criminal Division, Burlington, the Vermont Superior Court, Rutland Criminal Division, Rutland, or the Vermont Superior Court, Washington Criminal Division, Barre. If the State's Attorney objects, the court must hold an 'interests of justice' hearing as guaranteed by State v. A.P., 268 A.3d 58 (VT Supreme Court 2021).

How Much Does it Cost in Vermont?

• Expungement Petition Filing Fee: $0 for all dismissed charges and decriminalized convictions under 32 V.S.A. § 1431.
• Record Sealing Petition Filing Fee: $0 for all qualifying misdemeanors and felonies, except for a $90 filing fee to seal a misdemeanor DUI committed at age 25 or older (waivable via Form 600-00229, Vermont, Judiciary, Application to Waive Filing Fees and Service Costs).
• VCIC Record Check Fee: $30 for a certified statewide conviction report.
• Legal Representation Fees: Retaining a Vermont criminal defense lawyer to evaluate complex multi-count dockets and represent you at a hearing typically costs $750 to $2,000.

How Long Does the Process Take?

• Automatic Sealing/Expungement of New Dismissals: Under 13 V.S.A. § 7603, charges dismissed without conviction are scheduled for automatic clearing within 60 days of final disposition unless a party objects.
• Petition Processing Time: Uncontested or stipulated petitions take 30 to 90 days, whereas contested petitions requiring an evidentiary hearing take 90 to 150 days.
• Database Removal Window: Once granted, state agencies have up to 60 days to seal or destroy the records.

Choosing the wrong petition form or misreading the Act 60 eligibility rules can delay your fresh start by years. Search our directory of verified Vermont expungement and record sealing attorneys to connect with a local lawyer who can determine the exact relief you qualify for and handle your court filings from start to finish.

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